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non payers and slow payers - Joan Newport/NE
6/1/2015 8:10:16 PM (2683 views)
Re: non payers and slow payers - Victoria Moate/NJ
6/8/2015 9:54:34 AM (2282 views)
Re: non payers and slow payers - george Hubka/MI
6/15/2015 7:50:34 AM (2006 views)
Re: non payers and slow payers - Jeanne  Herman/FL
6/15/2015 12:19:50 PM (2109 views)
Re: non payers and slow payers - george Hubka/MI
6/16/2015 11:08:10 PM (2082 views)
Re: non payers and slow payers - Sharon Yahraes/ID
6/22/2015 12:48:11 PM (2004 views)

K.K. Title and Escrow, Inc???? - R Braun/VA
6/1/2015 12:25:37 PM (4366 views)
Re: K.K. Title and Escrow, Inc???? - Amber Townsend/MD
8/17/2015 9:09:20 AM (1936 views)

Comment on "The Many Uses of a Road" - Source of Title/OH
6/1/2015 10:46:48 AM (1987 views)
Problems with Easements run in Both Directions - Donald Petersen/AZ
6/1/2015 10:46:49 AM (4966 views)

Interesting Post Mr. Smith...

It probably should be recognized that the Courts are literally only used in these situations when the principals involved, the principals being the holders of the interests in either the dominant or servient tenements, are in dispute, wherein lies the REAL problem.

As far as the Florida Court ruling you cite, don't know how recent it was but I was actually taught that same sort of interpretation back in the late 1970's in California relative to upgrades on public roads, private Rights of Way, Railroad Rights of way dating back to the creation of the railroads themselves, and the use of easements for all sorts of Public  and quasi-public Utilities.

What I was told was that no matter how anybody looks at it, with the exception of it being an easement for purely permanent physical encroachment of some sort, that ALL of it had to do with some form or mode of "Transportation". Doesn't matter whether what is being transported is inside an unseen pipeline, moving by the flow of electrons through a wire, or involving the use of a goat cart on the surface with some person out in front leading the goats, the effect on the servient tenement is exactly the same. Absent the permission of the holder of the "owner" of the  servient tenement the party exercising their "right" to use of the easement is at least theoretically depriving the  owner of the servient tenement  of their right to use their property (or even easement) to the fullest potential they might be able to use it for should they choose to do so.

On a far more basic level, there are many things some of us are subjected to daily that are in fact issues relative to the imposition  of "claimed" easements but we like to consider them as something else entirely. For instance, the "conveyance" across property boundary lines of uninvited noise, smoke from Industrial processes (the actual cause of the very first "environmental" law suit in England way back at the beginning of the Industrial Revolution by a landholding Nobleman against an adjacent Factory), or the " legal consent" a dominent tenement holder (for their purposes relative to their property) signs when buying a home next to Farmland, a Golf Course, or even a Park, relative to the possibility of migration of pesticides, wildlife,  or even errant golf balls at times causing either health concerns or property damage. 

As far as an Attorney explicitly prohibiting particular types of uses, it would seem to me that might protect the Attorney for leaving a possible different interpretation available to the Courts, but with respect to the actual overburdening of the easement. at least in the eyes of the client, the Attorney is still on the hook anyway.

A great many of the cases I've seen over the years relative to the "implied" use of easements actually didn't have much to do with that defined subject at all. Boiled down to basics, some people find a line of poles with wires suspended between them to be aesthetically abhorrent, or at least that's what they claim. Then it becomes a question of 1.) whether the pole line could be put somewhere else instead, and/or 2.) whether or not it might be feasable to bury them so as to not damage the landscape view, instead. Most of the time what I've seen is that it turns out the landowner isn't exactly against the use of a pole line, they're against the neighbor doing anything on THEIR property which would require the USE of a pole line, which is another matter entirely..

 

 

 

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NY Searches and tips - Marian Littleton/VA
5/28/2015 5:00:45 PM (2628 views)
Re: NY Searches and tips - MARYANNE PANKER/NY
6/1/2015 9:31:26 AM (2391 views)
Re: NY Searches and tips - mason haas/NY
6/13/2015 7:57:15 AM (2078 views)

Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 4:19:26 PM (2699 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 5:08:26 PM (2632 views)
Re: Jessie Whitaker with Rapid Documents in GA - george Hubka/MI
5/27/2015 6:00:25 PM (2550 views)
Re: Jessie Whitaker with Rapid Documents in GA - Rita Killary/NY
5/27/2015 7:24:30 PM (2648 views)
Re: Jessie Whitaker with Rapid Documents in GA - Lorri Eaton/ME
5/27/2015 6:18:51 PM (2672 views)
Re: Jessie Whitaker with Rapid Documents in GA - Amanda Hembree/GA
7/5/2015 7:25:14 PM (2203 views)


Real Title Services


Comment on "A $200,000 Cap on a $1.5 Million Policy" - Source of Title/OH
5/25/2015 1:56:13 PM (2318 views)
$200,000 cap limit - edward hartung/OH
5/25/2015 1:56:13 PM (2317 views)
Re: $200,000 cap limit - Slade Smith/OH
5/26/2015 1:05:25 AM (2476 views)

Miami - Dade updates? - Kurt deVries/FL
5/22/2015 3:29:11 PM (2670 views)
Re: Miami - Dade updates? - Ruth Seal/FL
5/26/2015 8:43:48 AM (2354 views)
Re: Miami - Dade updates? - John OConnor/IL
5/26/2015 2:30:25 PM (2291 views)
Re: Miami - Dade updates? - MARC DAVIS/PA
6/28/2015 11:50:37 AM (2083 views)

Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 9:44:19 AM (3732 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/21/2015 2:34:49 PM (3357 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/21/2015 3:32:35 PM (3058 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Cindy Thomas/NY
5/27/2015 12:39:42 PM (7224 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Marian Severance/PA
5/26/2015 8:04:56 AM (2930 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Terri Hoops/PA
5/26/2015 5:58:51 PM (3368 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 7:57:44 AM (2808 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - george Hubka/MI
5/27/2015 11:29:03 AM (2866 views)
Re: Sharon Lare, Vice President of Direct Settlement Solutions - Jim A/WV
5/27/2015 2:21:29 PM (2780 views)

Resolutions Title Inc. - Scott Sieja/MI
5/21/2015 8:34:23 AM (4736 views)
Re: Resolutions Title Inc. - Jay Duncan/MO
5/26/2015 7:25:24 PM (2399 views)

Kentucky Land and Title - Mike Dickerson/AL
5/14/2015 4:34:15 PM (2843 views)
Re: Kentucky Land and Title - kevin ahern/CT
5/15/2015 4:36:29 PM (2510 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:19:22 AM (2349 views)
Re: Kentucky Land and Title - Michael Dickerson/AL
5/21/2015 11:31:07 AM (2190 views)
Re: Kentucky Land and Title - Ginger Hornbeck/KY
5/21/2015 11:46:26 AM (2252 views)
Re: Kentucky Land and Title - David Bay/FL
5/26/2015 6:59:03 AM (2197 views)
Re: Kentucky Land and Title - John Leasure/OR
5/26/2015 10:04:06 AM (2311 views)

Cell Towers - Joanie Hahr/VT
5/7/2015 8:45:54 AM (2956 views)
Re: Cell Towers - DAVID VOGELER/IL
5/7/2015 11:51:19 AM (2667 views)
Re: Cell Towers - sharon tornes/MN
5/7/2015 3:27:32 PM (2643 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 7:21:37 AM (2600 views)
Re: Cell Towers - Cynthia Garfold/PA
5/8/2015 9:18:29 AM (2660 views)
Re: Cell Towers - Joanie Hahr/VT
5/8/2015 10:04:33 AM (2504 views)
Re: Cell Towers - Philip Apter/CT
5/11/2015 12:57:55 PM (2416 views)
Re: Cell Towers - Joanie Hahr/VT
5/12/2015 9:48:01 AM (2407 views)
Re: Cell Towers - george Hubka/MI
5/11/2015 12:15:04 PM (2491 views)

Just another typical title searcher complaint! - DAVID VOGELER/IL
5/5/2015 5:16:06 PM (3587 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
5/5/2015 7:02:27 PM (2812 views)
Re: Just another typical title searcher complaint! - Jim A/WV
5/6/2015 8:23:03 AM (2710 views)
Re: Just another typical title searcher complaint! - Cynthia Garfold/PA
5/6/2015 9:15:30 AM (2607 views)
Re: Just another typical title searcher complaint! - Jason Knowles/AL
5/6/2015 10:01:23 AM (2745 views)
Re: Just another typical title searcher complaint! - DAVID VOGELER/IL
5/6/2015 10:23:01 AM (2676 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:53 PM (2025 views)
Re: Just another typical title searcher complaint! - george Hubka/MI
6/16/2015 11:22:56 PM (2312 views)
Re: Just another typical title searcher complaint! - Joanie Hahr/VT
5/8/2015 7:24:37 AM (2608 views)
Re: Just another typical title searcher complaint! - Kenneth Signor/SC
5/11/2015 6:56:52 AM (2590 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:16 AM (2063 views)
Re: Just another typical title searcher complaint! - Victoria Moate/NJ
6/8/2015 10:00:20 AM (2158 views)

RELTCO _ Residential Lenders Title Co - Cynthia Garfold/PA
5/4/2015 9:33:54 AM (2681 views)

KENTUCKY LAND TITLE - David Bay/FL
5/4/2015 2:05:19 AM (2589 views)
Re: KENTUCKY LAND TITLE - Mike Dickerson/AL
5/14/2015 4:35:36 PM (2271 views)
Re: KENTUCKY LAND TITLE - george Hubka/MI
5/18/2015 9:41:11 AM (2336 views)

Central Search, Inc - Susan Mueller/WI
5/1/2015 2:31:29 PM (2740 views)
Re: Central Search, Inc - Marte Smith/WI
5/8/2015 9:13:14 AM (2415 views)
Re: Central Search, Inc - Angela Miller/MN
5/11/2015 10:37:11 AM (2283 views)


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